Syed Maqbool. A.D. Vs the Manager

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.09..2011 PASSED IN MVC NO.03/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, SAKALESHPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the claimants seeking enhancement of compensation awarded in the Judgment

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and Award dated 21.09.2011 passed in MVC No.3/2007 by

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Senior Civil Judge and Additional MACT, Sakaleshpur.

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HC-KAR

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Even though the matter is listed today for admission, with the consent of both the learned counsel for appellants and learned counsel for respondent

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No.1/insurer, the matter is taken up for disposal.

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The appellants/claimants made a claim petition seeking for award of compensation for the death of Syed Aslam @ Syed Muddasir in a road traffic accident occurred on 25.04.2007 contending that the accident occurred due to rash and negligent driving by the driver of lorry bearing registration No.KA-44-1035.

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The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under:

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Compensation heads	C	ompensation amount
Loss of income and dependency	Rs.	4,20,000/-
Loss of love and affection	Rs.	10,000/-
Funeral expenses	Rs.	5,000/-
Loss of estate	Rs.	10,000/-
Total	Rs.	4,45,000/-

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HC-KAR

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The Tribunal has also awarded the interest at

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the rate of 6% per annum from the date of petition till realisation and directed respondent No.1/insurer to pay the compensation awarded with interest. The claimants have filed the present appeal seeking enhancement of compensation.

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Heard the learned counsel for appellants and

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learned counsel for respondent No.1/insurer.

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Learned counsel for the appellants/claimants would contend that, the notional income taken by the Tribunal is Rs.3,750/- and as per the chart prepared by Karnataka State Legal Services Authority, the notional income is Rs.4,000/-. The deceased was a bachelor and the claimants are parents and two brothers of deceased. The Tribunal has not awarded consortium. The compensation awarded for funeral expenses and loss of estate is on lower side. With these, he prayed to allow the appeal.

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HC-KAR

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Learned counsel for respondent No.1/insurer would contend that, the accident is of the year 2007 and considering the said aspect, the Tribunal has rightly awarded the compensation under all heads and there are no grounds for enhancement.

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Having heard both the learned counsel for appellants and learned counsel for respondent No.1/insurer, the Court has perused the impugned Judgment and Award.

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The date of accident is 25.04.2007 and the Tribunal has passed the impugned Judgment and Award on 21.09.2011. There is a delay of 3319 days in filing the appeal and the same is condoned denying interest for delay period.

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The Tribunal has taken notional income of the deceased at Rs.3,750/- and as per the chart prepared by Karnataka State Legal Services Authority, the notional income is Rs.4,000/-. The Tribunal has also awarded loss

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HC-KAR

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of love and affection at Rs.10,000/-, funeral expenses of

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Rs.5,000/- and loss of estate of Rs.10,000/-.

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Considering all the above aspects and as the accident has taken place in the year 2007, the claimants are entitled to enhanced global compensation of Rs.50,000/- without any interest.

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Respondent No.1/insurer is liable to pay the enhanced global compensation without interest to the claimants.

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In view of the above, the following:

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ORDER

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i) Miscellaneous First Appeal is allowed-inpart .

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ii) The claimants are entitled to enhanced global compensation of Rs.50,000/- without any interest.

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iii) Respondent No.1/insurer shall deposit the enhanced global compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9%

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HC-KAR

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per annum from this day till date of payment.

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iv) The claimants are entitled to release of entire enhanced global compensation amount.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV List No.: 1 Sl No.: 38

Syed Maqbool. A.D. v. the Manager

Case brief

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Syed Maqbool. A.D. v. the Manager

Case brief

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